The settlement, reached in January, seemed to resolve a dispute about whether Brown's marriage to Tomi Rae Hynie Brown was legitimate (her prior marriage may not have been legally ended before she married Brown) and whether Hynie's son, James Brown II was really his son. Brown's will and trust left nothing to them -- but he hadn't updated them since his marriage to Hynie. Why didn't he update his estate plan during the five years of his marriage before he died on Christmas Day, 2006? We'll never know, but the law assumes his omission was accidental.

The settlement gave about one-quarter of his total estate and trust assets to Hynie and her son, another quarter to his six adult children, and one-half to charity (through his charitable trust). The probate judge in South Carolina presiding over the estate initially refused to approve the settlement, wanting more information and concerned about whether it was fair enough to the charitable beneficiaries.

Apparently, the probate lawyers in the case convinced the judge to change his mind. Yesterday, the judge issued a written order approving the settlement. He also directed that the Brown family create a museum or other memorial burial place for Brown. The family fought in the past where his body would rest (it's now buried at one of his daughter's homes).

Reportedly, millions in legal fees have already been spent, just to get to this point. Yet, sadly, this may not be the end of the James Brown family feud. Prior claims that were denied are now likely to be appealed -- included lawsuits by a prior estate administrator and a former Brown employee.

Probate litigation lawsuits, including will and trust contests, are often expensive and never pleasant. Those involved are always wise to consider settlement before breaking the bank. When to settle, and for how much? Those are questions you need an experienced probate litigation attorney to help answer.

The settlement, reached in January, seemed to resolve a dispute about whether Brown's marriage to Tomi Rae Hynie Brown was legitimate (her prior marriage may not have been legally ended before she married Brown) and whether Hynie's son, James Brown II was really his son. Brown's will and trust left nothing to them -- but he hadn't updated them since his marriage to Hynie. Why didn't he update his estate plan during the five years of his marriage before he died on Christmas Day, 2006? We'll never know, but the law assumes his omission was accidental.

The settlement gave about one-quarter of his total estate and trust assets to Hynie and her son, another quarter to his six adult children, and one-half to charity (through his charitable trust). The probate judge in South Carolina presiding over the estate initially refused to approve the settlement, wanting more information and concerned about whether it was fair enough to the charitable beneficiaries.

Twitter Updates

Legal Disclaimer

Legal Disclaimer

Nothing in this blog should be relied on as legal advice. The information contained herein does not create an attorney/client relationship. The articles posted are intended for entertainment and general information purposes only. Laws vary state by state. Anyone seeking legal advice for a specific situation should consult a qualified probate lawyer or similar qualified professional in the appropriate state.